G.Natesan v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR WP.Nos.12872, 12873, 12876, 12877, 12878, 12879, 12881, 12883, 12885 & 12886/2021 [Video Conferencing] G.Natesan ..Petitioner in WP.No.12872/2021 P.Bennet David ..Petitioner in WP.No.12873/2021 A.Govindan ..Petitioner in WP.No.12876/2021 E.Kanniyappan ..Petitioner in WP.No.12877/2021 A.Krishnan ..Petitioner in WP.No.12878/2021 E.Subramani ..Petitioner in WP.No.12879/2021 B.Subramani ..Petitioner in WP.No.12881/2021 C.Veeramani ..Petitioner in WP.No.12883/2021 V.Ramajayam ..Petitioner in WP.No.12885/2021 T.K.Elumalai ..Petitioner in WP.No.12886/2021 Vs

1. State of Tamil Nadu represented by its Secretary to Government Environment and Forest Department Fort St George, Chennai-9.

2. The Principal Chief Conservator of Forest Panagal Building, Saidapet, Chennai - 15.

..Respondents in all WPs Common Prayer:- Writ Petitions filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents to appoint the petitioners in the cadre post of Forest Watchers by giving the benefit of relaxation of height rule with effect from the date of their juniors appointment in the post of Forest Watchers on 24.01.1995 by considering their representations dated 08.01.2021, 04.11.2020, 05.10.2020, 08.01.2021, 04.11.2020, 08.01.2021, 05.10.2020, 04.11.2020, 05.10.2020 and 04.11.2020 in the light of the order passed in WP.No.9708/2014 dated 12.09.2014, WP.No.25274/2014 dated 17.09.2014, WA.No.1703/2014 dated 20.01.2015, SLP [Civil] No.12056/2015 dated 05.07.2016, and Ref.No.LL2/31604/2014 dated 10.02.2020 and also G.O.[Ms] No.49, Environment and Forests [FR2-II] Department dated 01.09.2020 with all consequential benefits within time frame.

For Petitioners in all WPs :

M/s.K.Jenitha For Respondents in all WPs : Mr.C.Kathiravan Government Advocate COMMON ORDER 1.

By consent, these writ petitions are taken up for final disposal and disposed of by this common order as the issue to be adjudicated in the writ petitions is one and the same.

2.

Mr.C.Kathiravan, learned Government Advocate accepts notice on behalf of the respondents in all the writ petitions. 3.

The above writ petitions have been filed seeking appointment of the petitioners to the post of Forest Watcher by giving the benefit of relaxation of height rule with effect from the date of appointment of their juniors on 24.01.1995.

4.

The learned counsel for the petitioners would submit that the matter in issue is squarely covered by the orders of this Court as well as the Hon'ble Supreme Court of India and the subsequent Government Order and Government Letter, viz., WP.Nos.9708/2014 and 25274/2014 dated 12.09.2014 and 17.09.2014 ; WA.No.1703/2014 dated 20.01.2015 ; SLP [Civil] No.12056/2015 dated 05.07.2016 ; Ref.No.LL2/31604/2014 dated 10.02.2020 and also G.O.[Ms] No.49, Environment and Forests [FR2-II] Department dated 01.09.2020 and prays that the petitioners would be satisfied if a direction is issued to the respondents to consider their respective representations seeking the aforesaid relief, by taking into consideration the above decisions/judgments/Government Letter/Government Order.

5.

The Court heard the submissions of the learned Government Advocate appearing for the respondents.

6.

Considering the limited scope of prayer sought for by the petitioners in these writ petitions, this Court, without expressing any opinion on the merits of the petitioners' representations dated 08.01.2021, 04.11.2020, 05.10.2020, 08.01.2021, 04.11.2020, 08.01.2021, 05.10.2020, 04.11.2020, 05.10.2020 and 04.11.2020 respectively, directs the 1st respondent to consider and dispose of the said representations, by taking into consideration the

judgments/decisions/Government Letter/Government Order [cited supra] on merits and in accordance with law and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners herein.

7.

The writ petition stands disposed of accordingly. No costs.

s/d- Assistant Registrar(CS V) True Copy Sub-Assistant Registrar AP To

1. The Secretary to Government State of Tamil Nadu Environment and Forest Department Fort St George, Chennai-9.

2. The Principal Chief Conservator of Forest Panagal Building, Saidapet, Chennai - 15.

+1 CC to Mr.C.Kathiravan, Special Government Pleader(forest) sr 28739, 28882, 28878, 28881, 28880, 28879, 28886, 28885, 28884, 28883.

WP.Nos.12872, 12873, 12876, 12877, 12878, 12879, 12881, 12883, 12885 & 12886/2021 SSN(CO) SP(22/07/2021)